IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No.1474 of 2003 [Against the Judgment of conviction dated 13.11.2002 and Order of sentence dated 14.11.2002 passed by learned Additional Sessions Judge, Fast Track Court-I, Gumla in S.T. No.48 of 2002]

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Kuthu Oraon, S/o- Shri Chaithu Oraon, R/o village-Mokra Bartoli, P.S.-Raidih, District-Gumla .... .... …. Appellant Versus The State of Jharkhand .... .... .... Respondent ------

For the Appellant : Mr. S.K. Chaturvedi, Amicus Curiae For the Resp. State : Mr. Pankaj Kumar Mishra, A.P.P.

PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA JUDGMENT ------

CAV On 05/01/2026 Pronounce On 29 /01 /2026 Per- Pradeep Kumar Srivastava, J.

1. Heard Mr. S.K. Chaturvedi, learned Amicus Curiae appearing for the appellant and Mr. Pankaj Kumar Mishra, learned A.P.P.

appearing for the State.

2. The instant appeal has been preferred by the sole appellant against the judgment and order of conviction and sentence dated 13.11.2002 and 14.11.2002 passed by learned Additional Sessions Judge, Fast Track Court-I, Gumla in S.T. No.48 of 2002, whereby and whereunder the appellant has been held guilty for the offence under section 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

Factual Matrix

3. The factual matrix giving rise to this appeal is that while the informant was sleeping in his house on intervening night of 3/4.12.2001 at around 12:00 o’clock, he heard some sound of weeping of a child then the informant woke up and went towards the side of sound and came to know that Kuthu Oraon has killed Likhu Kumhar by assaulting him with tangi on the neck. The informant, who happens to be the brother of the deceased, went inside the room of his brother and saw that his dead body was lying on a chauki and the tangi was struck in the neck of his brother and also entangled in the neck. The informant came to know from his nephew, Krishna Kumhar and others that while they were sleeping with Likhu (deceased) in the varandah, they heard hulla and woke up in the light of the dibri and saw Kuthu Oraon giving tangi blow on the neck of the deceased and fled away. It is further alleged that on hearing sound of weeping, several villagers assembled at the place of occurrence. It is further alleged that the deceased had five sons and two daughters and his wife has already been died two years ago. It is further alleged that the accused, Kuthu Oraon intended to marry with the eldest daughter of the deceased against her will, in spite of opposition by the family members, hence, she was sent to the village Bindora for settlement of her marriage. It is further alleged that the deceased, Likhu Kumhar went to Bindora to meet his daughter, Kunti Kumari on Sunday and returned on Monday night then the appellant killed the deceased on the same night by giving tangi blow.

On the basis of above information, Raidih P.S. Case No.61 of 2001 was registered for the offences under section 302 of Indian Penal Code. After completion of investigation, charge-sheet was submitted against the accused. The appellant has denied the charges leveled against him. After conclusion of the trial, the present appellant has been held guilty and sentenced for the aforesaid offence.

Submission on behalf of the appellant

4. Learned counsel for the appellant assailing the impugned judgment and order of conviction and sentence has vehemently argued that none of the prosecution witnesses have seen the occurrence. The prosecution has projected the son of the deceased as an eye-witness of this case after tutoring him. Except the said tutored eye-witness (P.W.5), there is no iota of evidence against the appellant proving his involvement in the alleged offence. The very motive for commission of the murder that the appellant has any affair with the daughter of the deceased has not been proved by any cogent evidence. Learned counsel further submits that no incriminating articles showing inv